Interrogation and Procedural Guarantees of the Arrested Person

Abstract

"Interrogation of the arrested person" must initially distinguish between the two ways of imposing personal precautionary measures that are provided by the Code of Criminal Procedure. The first way relates to cases when the person is arrested in flagrante delicto or detained as a suspect for a crime since there are reasonable grounds to believe that there is a risk of leaving the country. In this case, after arrest in flagrante delicto or after detention, when the prosecutor does not order the release of the person within 48 hours of the arrest or detention, they are obliged to request the validation of the measure in the court of the place where the arrest or detention was carried out. Failure to comply with this deadline causes the arrest or detention to lose its effect and the person to be released. In the evaluation session, the court performs two functions, firstly it verifies whether the arrest or detention was carried out legally and secondly if there is a request from the prosecutor for the imposition of a precautionary measure, after verifying the existence of the conditions and criteria required by law, it determines the precautionary measure. This trial, at both moments, at the moment of evaluation as well as at the moment of determining the measure, is conducted with the participation of the prosecutor, the detained or arrested person and their defense attorney, and during the trial both parties are guaranteed all procedural rights recognized by law. Both parties, the prosecution and the defense, based on the principle of due process, have the equal right to present their claims, present evidence and oppose to each other. The evidence obtained at this hearing is considered as obtained at trial. In the second way, the prosecutor, after assessing that a precautionary measure should be determined for the person against whom the investigations are being conducted in order to guarantee the precautionary needs, addresses the court with a request to determine a personal precautionary measure. At this hearing, the prosecutor must present and prove to the court that there exist the conditions and criteria for determining the precautionary measure

Received: 20 April 2025 / Accepted: 2 June 2025 / Published: 25 June 2025